[2018] KEHC 5614 (KLR)
The court determined that before ruling on the application for stay of proceedings, it was necessary to establish the factual status of the suit land, specifically whether the applicant or any other person was in possession and what developments existed on the land. The court directed the Executive Officer of Meru...
Source-derived case information.
- Citation
- [2018] KEHC 5614 (KLR)
- Parties
- Petitioner: Johnson Rwigi; Protestor: Mary Igoki Mutuaruchiu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 639 of 2009
- Procedural Posture
- Succession Cause / Interlocutory Application for Stay of Proceedings
- Outcome
- Ruling on the application for stay of proceedings deferred pending site visit and report.
- Judges
- F Gikonyo
- Legal Topics
- Stay of Proceedings, Estate Administration, Ownership Dispute, Land Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Rwigi
Petitioner
Mary Igoki Mutuaruchiu
Protestor
Procedural Posture
Succession Cause / Interlocutory Application for Stay of Proceedings
Legal Issues
- 1 Whether proceedings in the succession cause should be stayed pending determination of ownership of the disputed land in Meru ELC No. 324/17.
- 2 Whether the applicant is in actual possession of the suit land or was evicted as claimed by the petitioner.
Ratio Decidendi
The court determined that before ruling on the application for stay of proceedings, it was necessary to establish the factual status of the suit land, specifically whether the applicant or any other person was in possession and what developments existed on the land. The court directed the Executive Officer of Meru Law Courts to visit the land, record the developments, and report on the current occupation. This factual inquiry was deemed essential to inform the court's decision on the stay application, given the conflicting claims of possession and eviction. The ruling on the stay application was therefore deferred pending the outcome of the site visit and report.
Court Disposition
Ruling on the application for stay of proceedings deferred pending site visit and report.
Orders
- The Executive Officer, Meru Law Courts, shall visit L.R. No. Igoji/Kinoro/1043 and record the developments and occupation status.
- The report shall be filed by 31st July 2018.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 639 OF 2009
IN THE MATTER OF THE ESTATE OF THE LATE M’MURIANKI M’MUGWIKA (DECEASED)
JOHNSON RWIGI....................................PETITIONER
VERSUS
MARY IGOKI MUTUARUCHIU.............PROTESTOR
RULING
[1] By an application dated 18th January 2018 which is styled ‘’Summons for Stay of Proceedings’’ this court has been asked to stay these proceedings pending the hearing and determination of Meru ELC No. 324/17 (O.S) in which determination of the ownership of L.R. No. Igoji/Kinoro/1043 has been sought.
[2] I have thoughtfully considered the application as well as the arguments presented. And I am particularly perturbed by these: on the one hand, the Applicant claims to have taken actual possession of the land since 1989 and has built three semi-permanent houses, planted bananas and seasonal crops on the said land. Yet, on the other hand, the Petitioner claims that the Applicant was evicted from the suit land by the deceased after she breached the contract of sale of the land. Before I could determine the application, I need to know the true state of things on the land. Towards that end, I hereby direct the EO, Meru Law Courts to visit the land and record for court’s consideration, the development on the land and whether the Applicant and or any other person resides in the land. The report shall be part of record and will be taken into account in the final decision herein. The report should be filed by 31st July 2018. The ruling that was to be delivered today is arrested. It is so ordered.
Dated, signed and delivered in open court at Meru this 11th day of July 2018.
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F. GIKONYO
JUDGE
In the presence of:
Petitioner – present
Protestor – present
Mr. Carl Peters advocate for Mr. Mwarania for Protestor
Mr. Munene advocate for Petitioner.
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F. GIKONYO
JUDGE